Schutt v. Shreveport Belt Ry. Co.

Citations

• 109 La. 500
• 33 So. 577
• 1902 La. LEXIS 155

Syllabus

<p>STREET RAILROAD — INJURY TO TRAVELER-CONTRIBUTORY NEGLIGENCE.</p> <p>1. The danger resulting from emerging rapidly from a cross-street and attempting to traverse a double-track railway immediately behind a passing car, without pausing to consider that it may mask a car moving in the opposite direction upon the further track, is understood by those who are at all accustomed to street car travel, and is a danger from which, in the main, the individual wayfarer must he his own protector, since in such case, he appears so suddenly, and affords so little notice of bis coming, that the efforts of the motorman to avoid the collision are likely to be of little avail.</p> <p>2. In the instant case, an intelligent boy, in his thirteenth year, employed as a newspaper carrier, and making his rounds on horseback, rode at a brisk pace out of a cross-street into an avenue upon which there is a double track electric railway, and, without stopping, traversed the near track, immediately behind a moving car, and then, still without stopping or looking around, attempted to traverse the far track a few feet in front of a car heavily loaded and rapidly moving in the opposite direction from the first. It does not appear that the motofman was negligent in failing to see the boy or divine his purpose, or in attempting to stop the car, and no damages can be recovered for injuries to the boy resulting from the collision which followed.</p> <p>(Syllabus by the Court.)</p>